Digital Privacy at the U.S Border: A New How-To Guide from EFF

San Francisco - Increasingly frequent and invasive searches at the U.S. border have raised questions for those of us who want to protect the private data on our computers, phones, and other digital devices. A new guide released today by the Electronic Frontier Foundation (EFF) gives travelers the facts they need in order to prepare for border crossings while protecting their digital information.

“Digital Privacy at the U.S. Border” helps everyone do a risk assessment, evaluating personal factors like immigration status, travel history, and the sensitivity of the data you are carrying. Depending on which devices come with you on your trip, your gadgets can include information like your client files for work, your political leanings and those of your friends, and even your tax return. Assessing your risk factors helps you choose a path to proactively protect yourself, which might mean leaving some devices at home, moving some information off of your devices and into the cloud, and using encryption. EFF’s guide also explains why some protections, like fingerprint locking of a phone, are less secure than other methods.

“Border agents have more power than police officers normally do, and people crossing the border have less privacy than they usually expect,” said EFF Staff Attorney Sophia Cope. “Border agents may demand that you unlock your phone, provide your laptop password, or disclose your social media handles. Yet this is where many of us store our most sensitive personal information. We hope this guide makes preparing for your trip and protecting your devices easier and more effective.”

Many travelers are confused about what is legal at the border, and the consequences for running afoul of a border agent can run the gamut from indefinite seizure of your phone and computer, to denial of entry for foreign visitors, although American citizens always have the right to re-enter the country. EFF’s new guide hopes to clear up misinformation while recognizing that there is no “one size fits all” approach to crossing into the United States. In addition to the full report, EFF has also created a pocket guide for helping people concerned with data protection.

“The border is not a Constitution-free zone, but sometimes the rules are less protective of travelers and some border agents can be aggressive,” said EFF Senior Staff Attorney Adam Schwartz. “That can put unprepared travelers in a no-win dilemma at the U.S. border. We need clearer legal protections for everyone, but in the meantime, our report and pocket guides aim to put more power back into the hands of travelers.”

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